Summary
determining evidence that plaintiff felt "devastated" and depressed, did not eat for a long time, lost weight, and became "very moody" was legally and factually sufficient to support award of mental anguish damages
Summary of this case from CA Partners v. SpearsOpinion
No. 99-0552
Filed January 6, 2000
Petition for Review from the Court of Appeals for the Fourteenth District of Texas.
David M. Gunn, John Edward Spalding, Dennis G. Herlong, Houston, for Petitioner.
Bryan P. Neal, Dallas, William J. Boyce, Bradley M. Whalen, Houston, Stephen F. Fink, Dallas, Stephen H. Lee, Houston, for Respondent.
National Education Centers, as Cross-Petitioner, challenges the jury's mental anguish damages award on the ground that the jury question on mental anguish was harmful error. The jury question at issue asked the jury to assess damages, if any, for past and future "mental anxiety, humiliation, and embarrassment." In Parkway Co. v. Woodruff, 901 S.W.2d 434, 444 (Tex. 1995), this Court held that a mental anguish damages award requires evidence of a "high degree of mental pain and distress" that is "more than mere worry, anxiety, vexation, embarrassment, or anger." Consequently, the jury question was defective.
Assuming this error was harmful, the appropriate remedy for this charge error is a new trial. See Spencer v. Eagle Star Ins. of Am., 876 S.W.2d 154, 157 (Tex. 1994). But NEC specifically requested that this Court not remand for a new trial and prayed only for rendition. Because NEC did not request appropriate relief for granting its petition for review, we deny both petitions for review.